You may be surprised to learn, as I was, that a hazard described by one expert as "probably the No. 1 neuromuscular disorder in the world in manufacturing and construction environments, the most costly, and underappreciated," is not the subject of its own OSHA construction standard.
Under well settled New York law, if a valid and enforceable contract governing a dispute exists, then a claim for unjust enrichment does not lie. However, just because a piece of paper was signed, such does not necessarily mean that a contract was truly formed-and formation is often a heavily fact intensive issue.
In this column, we often remind our readers that a mechanic%u2019s lien is a powerful tool for an unpaid contractor to obtain payment. For that reason, the target of the lien, either the property owner or the affected upstream contractor(s), often wants (or needs) to see the lien removed just as quickly as it was asserted. Section 19 of the Lien Law provides such persons and entities with the ability to have liens quickly discharged, but only if they are defective on their face.
The Governor has signed into law the New York Health and Essential Rights Act, or NY HERO Act, which amends the New York Labor Law (NYLL) by adding two new sections. Section 1 of the Act requires that employers prepare model safety plans and prohibits discrimination and retaliation against any employees who exercise their rights under the Act. Section 2 requires certain employers to establish joint workplace safety committees with their employees.
Gregory J. Spaun has been appointed as General Counsel for the Queens and Bronx Building Association (QBBA). Mr. Spaun has been an active member of QBBA for nearly ten years, has been a guest speaker, and was installed on the Board of Directors in 2020. As General Counsel, Mr. Spaun is able to further support the organization and its constituents by providing legal insights to the organization and its members, and advising its Board as to how it can best assist its members within the bounds of the law. This latest appointment adds to WB&&G's resume and reputation for advocating for their clients' interests through active involvement in their trade associations.
